Source: China Youth Daily
In the past two days, Beijing lawyers Zhou Zhaocheng and Zhejiang lawyer Jin Xiaohang once again turned their attention back to their respective agents.They hope to find the strong basis for continuing rights to continue defending their rights in accordance with the newly released guidance on punishing cyclical violations of cyber violations in accordance with the law (hereinafter referred to as guidance) -sHe has died of suicide.
On June 9th, the guidance was jointly released by the China Supreme People's Court, the Supreme People's Procuratorate, and the Ministry of Public Security. There were 20 full texts and publicly solicited opinions from the society.The guidance clarifies the specific behavior of cyber violence, social harm, legal relief, and comprehensive governance, and proposes targeted solutions to issues such as difficulty, difficulty in obtaining evidence, and difficulty in prosecution in cyber violence cases.
"The legal basis for cyber violence governance is mostly scattered in relevant legal terms such as criminal law, civil law, and public security management punishment law.Jiang Fangbing, executive director of the committee and a researcher at the Party School of Hangzhou Municipal Party Committee, told a reporter from China Youth Daily · Zhongqing.com that the brewing and formulation of this special judicial opinion has sorted and integrated relevant legal terms, which provides a clearer for China's governance of cyber violence in accordance with the law in accordance with the law.The basis is worthy of recognition.
Internet violence is "toxic energy"
After seeing the news of the guidance, Zhou Zhaocheng contacted the relatives of the family -looking boy Liu Xuezhou for the first time.Liu Xuezhou's grandmother said to Zhou Zhaocheng: "If (guidance) comes out earlier, maybe this (Liu Xuezhou's tragedy) can be avoided."
The rural old man who raised his grandson who had no blood relationship was now the plaintiff who was killed by Liu Xuezhou.On February 13 this year, the case opened on the Internet of the Beijing Internet Court. The target of the old man's prosecution was the "big V" of the media that had been violently influenced by Liu Xuezhou and caused a bad influence.
As an agent lawyer in the case, Zhou Zhaocheng believes that guidance is a major progress in all circles calling for governance of cyber storms over the years. Guidance first clarifies the social harm of cyber violence, and Liu Xuezhou's tragedy belongs to the first situation."On the Internet, online violence such as scolding insults, rumors and defamation, and privacy violations of individuals, degrades others, harms the reputation of others, and some causes serious consequences of others 'social death', even mental abnormalities, suicide and other serious consequences."Essence
"I can't bear to add all these to me alone, because I am only a teenager, and I am still a sensible child in the eyes of other adults ..." Liu Xuezhou, 15 in the eyes of other adultsWritten.
Zhou Zhaocheng's team extracted more than 2,000 evidence of online violence on Liu Xuezhou."It can be said that it is shocking!" Zhou Zhaocheng said. Before he didn't pay attention to Liu Xuezhou's case, many people thought that "if you don't look at or listen, you can avoid it."After the trace, he felt "distressed", saying that cyber violence was "a murderous knife", and the "a tumor" and "poisonous energy" of the network space.
Zhou Zhaocheng has conducted research on cyber storms.He found that some people who implemented online storms paid attention to and used the hot events of the Internet to provoke the "rhythm" of controversial topics to get online attention. When the heat comes up, they will hang a commercial sales link or start broadcasting live and bring the goods.Traffic converts into economic benefits.
The guidance clearly clearly "punish the malicious marketing hype of the implementation of cyber violence incidents in accordance with the law", especially for the discovered network violence information that the information network security management obligations are not fulfilled in accordance with the law.Personnel, institutions and platform service providers of hot events to market marketing and traffic have generated certain restrictions and deterrents.
At the same time, if the platform party, that is, the network service provider's obligations of information network security management in accordance with the law for the discovered network violence information, which causes a large number of illegal information to spread or have other serious circumstances. The procuratorate can file a public interest lawsuit with the court according to law.Zheng Ning, director of the Department of Legal of the School of Culture and Industry of Communication University of China, said that this also requires network service providers to further improve the relevant compliance system.
Cracking the difficult and difficult to obtain evidence
As an acting lawyer of "Fanfa Girl Zheng Linghua's Case of the Internet Storm", Jin Xiaohang dialed the local police by the local police after the guidance was released. After the guidance was officially issued in the future, the case was possibly possibly of the criminal case.
After the 23 -year -old Zheng Linghua died, his family members had given up the liability for the infringement by self -prosecution, which means that if you want to stretch justice, he can only file a public prosecution through criminal cases and procuratorial organs through the public security organs.
Zheng Linghua has repeatedly inquired about how the cyber violence case that also happened in Hangzhou that also happened in Hangzhou was shifted from a self -prosecution to a public prosecution.Jin Xiaohang said: "The criminal responsibility of investigating online storms has always been the ultimate goal of Zheng Linghua's rights protection."
Guidance provides possibilities for the intervention of criminal prosecution.Guidance states that in accordance with the relevant provisions of the Criminal Law, an insult and slander crimes are seriously endangered and the social order and national interests shall be severely harmed, and a public prosecution shall be filed.Among them, one of the five situations of "seriously endangering social order" includes "serious consequences such as causing the victim's mental disorders and suicide, and affecting bad."The corresponding specific circumstances can be found in both of the two cases.
In the previous relevant judicial interpretations, the plot that can be prosecuted does not include serious consequences such as the mental disorders and suicide.Jin Xiaohang explained that serious consequences such as the suicide of the victims caused by cyber violence were the case where the suspect added weight to the suspect, not the basis for the case to enter the public prosecution, and the family members of the victims still filed a self -prosecution.
Self -prosecution is facing difficulties in obtaining evidence.The anonymous and instant nature of the Internet world makes the victims difficult to obtain evidence, and the lack of evidence has caused difficulty in firing cases.
"This has formed a paradox." Jin Xiaohang said that in accordance with the relevant regulations, "the number of views must be more than 5,000 or more than 500 times to form a crime." To mention criminal self -prosecution, the subject of the prosecution must be clearClick, browse and forward volume.The biggest problem of Zheng Linghua's case in the process of defending rights is that it is difficult to find "people behind the Internet vest" through personal channels, and the lack of evidence after being deleted by related remarks.
In this case, they adopted the "curve to save the country", that is, first filed civil lawsuits, obtained the corresponding infringement information, and then decided whether to file a criminal prosecution for the information obtained.
But in the process, there is the uncertainty and time cost of civil filing and the intermediate service letter with the network platform service provider.Because the entire litigation cycle takes a long time, it is invisible to hit the victim again.
The guidance clearly clearly implements the implementation of the public security organs to assist in the supervision of evidence collection and the procuratorial organs. Jin Xiaohang believes that this move can shorten the time of the victim's rights protection and can also effectively reduce the second injury to the victim.
Protect the "ordinary public" on the network
"Guidance emphasizes 'to perform their duties according to law', especially the duty of relevant functional departments to launch public prosecution procedures in a timely manner." Jiang Fangbing said that guidance emphasizes that the public security organs will seriously endanger social order, slander crime,The responsibilities of the case are required to strengthen the supervision of the case; clarify the responsibilities of the people's procuratorate to provide public interest litigation for cyber violence that harms the public interest of social public interests, and it is conducive to activating "the rule of law for maintaining normal network order and maintaining social fairness and justice."
"Law is an important means for governance of cyber violence, but it is by no means the only means." Many experts said that cure for cyber violence cannot rely on a guidance alone.
Jiang Fangbing believes that the relevant parties drafted by the guidance obviously realized this. In specific judicial practice, cyber violenceThe rule of law is basically a "post -event disposal" link. Although it can play a large deterrent and warning role, it cannot achieve the source of cyber violence.In this regard, the guidance emphasizes the need to effectively improve comprehensive governance measures, clearly proposes to "in -depth analysis of the root cause of breeding and boosting the incidence of cyber violence", and "to promote the continuous improvement of long -term mechanisms for cyber violence governance."
Guidance is still in the stage of solicitation.Zheng Ning believes that the "heavy punishment" of the guidance is closed, and it is recommended to increase the terms of the pocket, that is, "other circumstances", in the face of the new technology and new network violence that may bring new technologies and new formats.It also gives a certain tailoring of judicial organs.
Considering the specific implementation level, Zheng Ning believes that after the guidance is officially implemented, the corresponding public interest lawsuits and self -prosecution cases will increase. It will test the ability and efficiency of judicial organs.Essence
It is worth noting that the guidance will spread "the general public as the object of infringement, and the relevant information spreads on the Internet on the Internet, causing a lot of vulgar and malicious comments, seriously destroying the order of the network, and affecting the sense of public security."One of the cases of serious harm to social order.Experts believe that this reflects the protection of judicially for ordinary public.
After the guidance was released, the "screen effect" of "ordinary public" reposted the comments on social network platforms was enough to illustrate the public's expectations and values of it, and the dislike and resistance to cyber violence.At the moment of the network almost linking everyone, cyber violence is likely to be applied to any netizen.
"We look forward to the guidance opinion to modify the effective after governance." Jiang Fangbing suggested that at the same time, we must pay attention to the perspective of sociology, communication, political science and other disciplines, strengthen the traceability and preventive research of cyber violence issues, and strive to explore the sourceGovernance strategy.
